PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            24 June 1999      
	DOCKET NUMBER:   AR1999017670

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Loren G. Harrell		Director	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Gary C. Miller		Member	
	Mr. Curtis L. Greenway		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests award of the Purple Heart.

3.  The applicant states that at the time of his discharge the proper authority failed to show the Purple Heart on his DD Form 214 (Report of Transfer or Discharge).  In support of his application, he submits an award certificate for the Purple Heart.  

4.  The applicant’s military records show that he was inducted on 18 March 1968. He successfully completed training and was transferred to Vietnam for duty as a light weapons infantryman.  He served in Vietnam from 11 August 1968 until he was seriously wounded and transferred to Great Lakes, Illinois, for treatment on 27 October 1968.  The applicant was separated from active duty with an honorable discharge on 22 July 1970 and placed on the Temporary Disability Retired List (TDRL) because of physical disability (60 percent).  On 30 November 1972 the applicant was removed from the TDRL and permanently retired with
40 percent disability on 1 December 1972. 

5.  The applicant’s DD Form 214 does not show the Purple Heart as an authorized award.

6.  The applicant submitted a copy of an award certificate, dated 8 October 1968, which shows he received the Purple Heart for wounds received in action on
7 October 1968 in the Republic of Vietnam.  

7.  The applicant’s personnel records show he was awarded the military occupational specialty (MOS) 11B (light weapons infantryman) upon completion of Advanced Individual Training.  Evidence of record shows the applicant was assigned to an infantry company and served in MOS 11B during his assignment in Vietnam.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  The Awards Branch of the Total Army Personnel Command has advised, in similar cases, that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

CONCLUSIONS:

1.  The applicant was awarded the Purple Heart for wounds received in action on 7 October 1968.  Therefore, he is entitled to correction of his military records to show this award.  

2.  Evidence of record shows the applicant served in an infantry MOS while assigned to an infantry company in combat in Vietnam.  Therefore, he is entitled to correction of his military records to show award of the Combat Infantryman Badge.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Purple Heart and the Combat Infantryman Badge.

BOARD VOTE:  

RVO_____  GCM___  CLG____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Raymond V. O’Connor, Jr.
		        CHAIRPERSON

INDEX

CASE ID	AR1999017670	
SUFFIX		
RECON		
DATE BOARDED	19990624	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19700722	
DISCHARGE AUTHORITY	TITLE 10 USC SECTION 1202  	
DISCHARGE REASON	PLACED ON TDRL	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.